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News from the New York State and Local Retirement System

Retirees: Know Your Post-Retirement Earnings Limit

As a NYSLRS retiree, you can work for a public employer after retirement and still receive your pension, but there may be limits on how much you can earn.

Public employers include New York State, municipalities in the State (cities, counties, etc.), school districts and public authorities. If you’re self-employed or work for a private employer, another state, or the federal government, you can collect your full NYSLRS pension no matter how much you earn. (However, earnings for most disability retirees are limited whether they work for a public or private employer. To find out your earnings limit, please contact us.)

Two sections of New York State Retirement and Social Security Law (RSSL) apply to NYSLRS service retirees who return to work in the public sector.

Section 212: Earnings Limit

Section 212 of the RSSL allows retirees to earn up to $30,000 per calendar year from public employment. There is generally no earnings restriction beginning in the calendar year you turn 65. (Special rules apply to elected officials.) If you are under 65 and earn more than the Section 212 limit, you must:

Pay back, to NYSLRS, an amount equal to the retirement benefit you received after you reached the limit. And, if you continue to work, your retirement benefit will be suspended for the remainder of the calendar year.

OR

Rejoin NYSLRS, in which case your retirement benefit will be suspended.

Section 211: Employer Approval

Under Section 211, the earnings limit can be waived if your prospective employer gets prior approval. (In most cases, the New York State Department of Civil Service would be the approving agency.)

Section 211 approvals apply to a fixed period, normally up to two years. Approval is not automatic; it is based on the employer’s needs and your qualifications.

Generally, no. If a NYSLRS retiree chooses one of the standard pension payment options that provides a lifetime benefit to a beneficiary (such as a spouse), that benefit isn’t affected if the beneficiary remarries.

However, for information about your particular situation, we recommend emailing our customer service representatives using our secure email form. One of our representatives will review your account and respond to your questions. Filling out the secure form allows us to safely contact you about your personal account information.

Most NYSLRS members can return to public employment after retiring, though there are earnings restrictions depending on your pension benefit and age. You may find helpful information in our publication, What If I Work After Retirement. We aren’t certain, however, what you mean by “status”.
For information about your particular situation, we recommend contacting our customer service representatives using our secure email form. One of our representatives will review your account and respond to your questions. Filling out the secure form allows us to safely contact you about your personal account information.

Your Social Security benefits do not count toward the amount you can earn from post-retirement public employment. However, for more information about the circumstances you describe, we recommend you visit the Social Security Administration website or speak with a financial advisor.

Is there current legislation in the works to increase the threshold above the 30K limit it currently is for retirees electing to come back to work as an hourly state employee. What is the status of such legislation (assuming there is such). If so, will it apply to this years earnings?

Under current State law, NYSLRS retirees can earn up to $30,000 per calendar year from public employment without a reduction in their pension. There is generally no earnings limit once the retiree is 65.

Both houses of the Legislature have approved a bill that would increase the earnings cap to $35,000 starting in 2020. However, the bill must be signed by the Governor to become law. To our knowledge, the Governor has not signed this legislation.